County court order for possession, when can we request bailiffs? are they necessary?

needabed

We have a county court order for possession of a property to try and get rid of a trespasser. Our solicitor said we can only request bailiffs on the date of the order. So we have to wait until the 10th of April to then submit a request to court bailiffs who may take another month? And seemingly we need to do this even if we see the person leave on the 10th? Can we avoid wasting time with bailiffs, like for example the trespasser signed an agreement that they have surrendered or abandoned the property?

da_rule

If the trespasser leaves of their own free will then brilliant, you don’t need to have them sign anything.

If however they don’t then you will have to get the bailiffs (the possession order doesn’t give you the ability to start using force yourself to remove them).

If you want a quicker outcome, once the deadline passes and the trespasser doesn’t leave, you can apply to the High Court who will send out enforcement agents. This is often quicker than County Court Baliffs (a few days vs a few months). The downside is that it costs more. You can recover the costs from the trespasser but you have to pick the bill up in the first instance. If the trespasser has no assets then you may never get those costs back (but that would also be true if you stayed within the County Court).

Comms69

needabed wrote: »

We have a county court order for possession of a property to try and get rid of a trespasser. Our solicitor said we can only request bailiffs on the date of the order. So we have to wait until the 10th of April to then submit a request to court bailiffs who may take another month? And seemingly we need to do this even if we see the person leave on the 10th? Can we avoid wasting time with bailiffs, like for example the trespasser signed an agreement that they have surrendered or abandoned the property?

Give context; I suspect this isn’t a trespasser.

needabed

Comms69 wrote: »

Give context; I suspect this isn’t a trespasser.

Keeping it brief:
Mum died. Dad remarried. Dad died and left the kids everything, although he did buy new wife a house (in another country) and left widows pension for her. I own half the property, other half in probate for 4 of us, new wife claims Will is fake and is holding house as ransom. In hindsight when I found she had changed the locks I should of changed them back and kept her out. Trying to sort it out via solicitor who says she has no right to be there and is trespassing.

m0bov

Wait until she is out then get a lock smith to get you in and then change locks.

POPPYOSCAR

Is this the house you inherited in 2017?

Comms69

needabed wrote: »

Keeping it brief:
Mum died. Dad remarried. Dad died and left the kids everything, although he did buy new wife a house (in another country) and left widows pension for her. I own half the property, other half in probate for 4 of us, new wife claims Will is fake and is holding house as ransom. In hindsight when I found she had changed the locks I should of changed them back and kept her out. Trying to sort it out via solicitor who says she has no right to be there and is trespassing.

So she’s still living there?

babyblade41

As da rule said you can apply for bailiffs the day after the possession order passes .
When I applied I didn't go down the high court route as it was very expensive and I think I only had to wait about 3 weeks for an appt from court ones

They were very efficient and courteous and the locksmith was booked for the same time

You can claim all the costs back, whether you'll get them is another matter